Partner, King & Spalding
Former U.S. Attorney Craig Carpenito is a partner in King & Spalding’s Special Matters & Government Investigations practice. Craig’s experience heading one of the nation’s largest U.S. Attorney’s Offices, co-chairing the litigation department of an AmLaw 50 law firm and as an SEC enforcement attorney helps him solve his clients’ most complex and sensitive problems. Bringing over two decades of experience as a litigator in private and public practice, Craig has a proven track record of success in counseling financial services and healthcare clients through government investigations and high-stakes litigation.
Judge, United States Court of Appeals for the Third Circuit
Cheryl Ann Krause was unanimously confirmed as a judge on the United States Court of Appeals for the Third Circuit in July of 2014. She previously worked as a partner at a multinational law firm where she specialized in white collar criminal defense and securities litigation. She also has served as outside counsel for the Board of Ethics of the City of Philadelphia, as an Assistant United States Attorney in the Criminal Division of the United States Attorney’s Office for the Southern District of New York, and as a lecturer at Stanford and Columbia Law Schools. Judge Krause is a former law clerk for the Honorable Anthony M. Kennedy of the United States Supreme Court and a graduate with highest honors of Stanford Law School.
Since assuming the bench, Judge Krause has taught as an adjunct professor at the University of Pennsylvania Carey Law School, where she also participates as a Master in the American Inn of Court. She is a member of the American Law Institute and the recipient of numerous awards for public service and professional responsibility. Her forthcoming article, “Lawyer Wellbeing as a Crisis of the Profession,” was the winner of the 2019 American Inns of Court Warren E. Burger Prize and will be published in the South Carolina Law Review.
Judge, United States District Court for the District of New Jersey
U.S. Court of Appeals, Second Circuit
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Richard J. Sullivan was sworn in as a United States Circuit Court Judge for the Second Circuit in October 2018. Before that, Judge Sullivan served for eleven years as a United States District Judge for the Southern District of New York. Prior to becoming a judge, he served as the General Counsel and Managing Director of Marsh Inc., the world's leading risk management and insurance brokerage firm. From 1994 to 2005, he served as an Assistant United States Attorney in the Southern District of New York, where he was Chief of the International Narcotics Trafficking Unit and Director of the New York/New Jersey Organized Crime Drug Enforcement Task Force. In 2003, he was awarded the Henry L. Stimson Medal from the Association of the Bar of the City of New York. In 1998, he was named the Federal Law Enforcement Association's Prosecutor of the Year. Prior to joining the U.S. Attorney's Office, he was a litigation associate at Wachtell, Lipton, Rosen & Katz in New York and a law clerk to the Honorable David M. Ebel of the United States Court of Appeals for the 10th Circuit. He is a graduate of Yale Law School, the College of William & Mary, and Chaminade High School on Long Island. From 1986 to 1987, he served as a New York City Urban Fellow under New York City Police Commissioner Benjamin Ward. Judge Sullivan is on the executive board of the New York American Inn of Court and the Center for Law and Religion at St. John’s University School of Law. He is an adjunct professor at Columbia Law School, where he teaches courses on sentencing and jurisprudence, and he previously served as an adjunct professor at Fordham Law School, where he taught courses on white collar crime and trial advocacy and was named Adjunct Professor of the Year.
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Professor of Law, Belmont University College of Law
Don Cochran teaches Evidence, Trial Advocacy and Criminal Law courses. Prior to joining Belmont’s faculty, he served as the Presidentially appointed, Senate confirmed United States Attorney for the Middle District of Tennessee from September 2017 to February 2021. Prior to becoming U.S. Attorney, he was a law professor at Belmont University College of Law and the Cumberland School of Law in Birmingham, Alabama where he taught courses in criminal procedure, evidence, criminal law, and trial advocacy. From 1998 to 2002 Professor Cochran was an Assistant United States Attorney in the Northern District of Alabama. During that time, Professor Cochran prosecuted criminal cases involving white collar crimes, public corruption, and violent crimes, including successful prosecution of the final defendant charged with the historic 1963 bombing of the Sixteenth Street Baptist Church in Birmingham, Alabama that killed four girls. Professor Cochran began his prosecutorial career in the District Attorney’s Office in Birmingham where he prosecuted homicides, sexual assaults, and other violent crimes. Professor Cochran clerked for Judge Julie E. Carnes of the United States District Court for the Northern District of Georgia and is a graduate of Vanderbilt University and Vanderbilt Law School.
Professor Cochran teaches Evidence Law, Trial Advocacy, and Criminal Law at Belmont Law.
Partner, Phelps Dunbar LLP
Mike Hurst is a partner with Phelps Dunbar LLP where he optimizes his in-depth knowledge of the court system, investigative and prosecutorial agencies, the regulatory arena, and the public policy realm to help clients facing government investigations, enforcement actions, regulatory matters, general litigation and policy issues. Mike currently serves as the General Counsel of the Republican National Committee and as Chairman of the Mississippi Republican Party. He previously served as the U.S. Attorney for the Southern District of Mississippi from 2017-2021, and with over 20 years of experience before judges, juries and policy makers, handling some of the largest and most high-profile cases in Mississippi, he's known for untangling the most complex legal issues.
As U.S. Attorney, Mike was described as a “hard charger,” leading efforts to combat violent crime, human trafficking and public corruption, among many other issues, throughout Mississippi. He almost tripled prosecutions in the U.S. Attorney’s Office over a three-year period, resulting in the most indictments and federal defendants indicted in a one-year period in Mississippi history. He created innovative and national award-winning crime-fighting solutions, like “Project EJECT,” and he established the first statewide, multilevel and multidisciplinary human trafficking body, the Mississippi Human Trafficking Council, to comprehensively and holistically address this criminal scourge.
During his tenure as U.S. Attorney, Mike oversaw some of the biggest cases in Mississippi history: the largest health care fraud scheme (Wade Walters, et. al.), the largest Ponzi scheme (Lamar Adams), the largest False Claims Act health care fraud settlement (Region 8), and the largest nursing home False Claim Act settlement (Hyperion). In addition, as Chief Federal Law Enforcement Officer for the Southern District, Mike coordinated the largest single-state immigration worksite enforcement operation in our nation’s history, involving hundreds of federal law enforcement agents covering seven different locations operated by multiple companies.
Mike’s no show pony – he’s a work horse. Before his tenure as U.S. Attorney, Mike was an Assistant U.S. Attorney for the Southern District of Mississippi for more than eight years. He handled some of the most difficult and complex cases in that office, dealing with white collar crimes, public corruption and financial fraud, including numerous jury trials before almost every federal judge in the Southern District.
He also has experience in the private sector. He has practiced law in Washington, D.C., and has served as a litigator and general counsel for a conservative nonprofit. He also has extensive experience in public policy, having served as the Legislative Director to a U.S. Congressman and as Counsel to the House Judiciary Committee.
Mike has also testified before both the United States Senate and the U.S. House of Representatives on issues ranging from crime to Presidential pardons. He has worked on all sides of the legal, regulatory, investigative, prosecutorial and policy spectrum. The incredible insight gained from this varied experience enables him to find a path forward for clients, no matter how complicated the case.
United States District Court Judge, Western District of Louisiana
Partner, King & Spalding
John Richter is a trial and investigations partner in the Special Matters and Investigations Practice Group, and represents and defends companies, Boards of Directors, Board committees, and individuals facing a variety of white-collar criminal and regulatory enforcement matters, parallel civil litigation, and internal corporate investigations. John previously served as the Acting Assistant Attorney General in charge of the Criminal Division at the U.S. Department of Justice and as the U.S. Attorney for the Western District of Oklahoma, having been nominated by President George W. Bush and confirmed by unanimous consent of the U.S. Senate.
Justice, Michigan Supreme Court
Stephen Markman was appointed Justice of the Michigan Supreme Court on October 1, 1999. He served as the Chief Justice from 2017-2019. Before his appointment, he served as Judge on the Michigan Court of Appeals from 1995-1999. Prior to this, he practiced law with the firm of Miller, Canfield, Paddock & Stone in Detroit.
From 1989-1993, Justice Markman served as United States Attorney, or federal prosecutor, in Michigan, after having been nominated by President George H. W. Bush and confirmed by the United States Senate. From 1985-1989, he served as Assistant Attorney General of the United States, after having been nominated by President Ronald Reagan and confirmed by the United States Senate. In that position, he headed the Department of Justice’s Office of Legal Policy, which served as the principal policy development office within the Department, and which coordinated the federal judicial selection process. Prior to this, he served for seven years as Chief Counsel of the United States Senate Subcommittee on the Constitution, and as Deputy Chief Counsel of the United States Senate Judiciary Committee.
Justice Markman has authored articles for such publications as the University of Michigan Journal of Law Reform, the Detroit College of Law Review, the Stanford Law Review, the University of Chicago Law Review, the American Criminal Justice Law Review, the Barrister’s Law Journal, the Harvard Journal of Law & Public Policy, and the American University Law Review. He has also served as a contributing editor of National Review magazine, and has authored chapters in such books as “In the Name of Justice: The Aims of the Criminal Law,” “Still the Law of the Land,” and “Originalism: A Quarter Century of Debate.”
Justice Markman has taught constitutional law at Hillsdale College since 1993. He has served on the Board of Directors of the Western Michigan University Thomas M. Cooley Law School. He traveled to Ukraine on two occasions on behalf of the State Department, to provide assistance in the development of that nation’s post-Soviet constitution. He is a Fellow of the Michigan Bar Foundation, a Master of the Bench of the Inns of Court, and a member of the One Hundred Club. He has spoken before hundreds of youth, civic, charitable, and legal groups throughout Michigan and nationally, and has coached Little League baseball and basketball. He lives with his wife Mary Kathleen in Mason, and has two sons, James and Charles.
Justice Markman was re-elected to the Supreme Court in 2000, 2004, and 2012. His present term expires January 1, 2021.
Professor of Law, Belmont University College of Law
Don Cochran teaches Evidence, Trial Advocacy and Criminal Law courses. Prior to joining Belmont’s faculty, he served as the Presidentially appointed, Senate confirmed United States Attorney for the Middle District of Tennessee from September 2017 to February 2021. Prior to becoming U.S. Attorney, he was a law professor at Belmont University College of Law and the Cumberland School of Law in Birmingham, Alabama where he taught courses in criminal procedure, evidence, criminal law, and trial advocacy. From 1998 to 2002 Professor Cochran was an Assistant United States Attorney in the Northern District of Alabama. During that time, Professor Cochran prosecuted criminal cases involving white collar crimes, public corruption, and violent crimes, including successful prosecution of the final defendant charged with the historic 1963 bombing of the Sixteenth Street Baptist Church in Birmingham, Alabama that killed four girls. Professor Cochran began his prosecutorial career in the District Attorney’s Office in Birmingham where he prosecuted homicides, sexual assaults, and other violent crimes. Professor Cochran clerked for Judge Julie E. Carnes of the United States District Court for the Northern District of Georgia and is a graduate of Vanderbilt University and Vanderbilt Law School.
Professor Cochran teaches Evidence Law, Trial Advocacy, and Criminal Law at Belmont Law.
Partner, Phelps Dunbar LLP
Mike Hurst is a partner with Phelps Dunbar LLP where he optimizes his in-depth knowledge of the court system, investigative and prosecutorial agencies, the regulatory arena, and the public policy realm to help clients facing government investigations, enforcement actions, regulatory matters, general litigation and policy issues. Mike currently serves as the General Counsel of the Republican National Committee and as Chairman of the Mississippi Republican Party. He previously served as the U.S. Attorney for the Southern District of Mississippi from 2017-2021, and with over 20 years of experience before judges, juries and policy makers, handling some of the largest and most high-profile cases in Mississippi, he's known for untangling the most complex legal issues.
As U.S. Attorney, Mike was described as a “hard charger,” leading efforts to combat violent crime, human trafficking and public corruption, among many other issues, throughout Mississippi. He almost tripled prosecutions in the U.S. Attorney’s Office over a three-year period, resulting in the most indictments and federal defendants indicted in a one-year period in Mississippi history. He created innovative and national award-winning crime-fighting solutions, like “Project EJECT,” and he established the first statewide, multilevel and multidisciplinary human trafficking body, the Mississippi Human Trafficking Council, to comprehensively and holistically address this criminal scourge.
During his tenure as U.S. Attorney, Mike oversaw some of the biggest cases in Mississippi history: the largest health care fraud scheme (Wade Walters, et. al.), the largest Ponzi scheme (Lamar Adams), the largest False Claims Act health care fraud settlement (Region 8), and the largest nursing home False Claim Act settlement (Hyperion). In addition, as Chief Federal Law Enforcement Officer for the Southern District, Mike coordinated the largest single-state immigration worksite enforcement operation in our nation’s history, involving hundreds of federal law enforcement agents covering seven different locations operated by multiple companies.
Mike’s no show pony – he’s a work horse. Before his tenure as U.S. Attorney, Mike was an Assistant U.S. Attorney for the Southern District of Mississippi for more than eight years. He handled some of the most difficult and complex cases in that office, dealing with white collar crimes, public corruption and financial fraud, including numerous jury trials before almost every federal judge in the Southern District.
He also has experience in the private sector. He has practiced law in Washington, D.C., and has served as a litigator and general counsel for a conservative nonprofit. He also has extensive experience in public policy, having served as the Legislative Director to a U.S. Congressman and as Counsel to the House Judiciary Committee.
Mike has also testified before both the United States Senate and the U.S. House of Representatives on issues ranging from crime to Presidential pardons. He has worked on all sides of the legal, regulatory, investigative, prosecutorial and policy spectrum. The incredible insight gained from this varied experience enables him to find a path forward for clients, no matter how complicated the case.
United States District Court Judge, Western District of Louisiana
Partner, King & Spalding
John Richter is a trial and investigations partner in the Special Matters and Investigations Practice Group, and represents and defends companies, Boards of Directors, Board committees, and individuals facing a variety of white-collar criminal and regulatory enforcement matters, parallel civil litigation, and internal corporate investigations. John previously served as the Acting Assistant Attorney General in charge of the Criminal Division at the U.S. Department of Justice and as the U.S. Attorney for the Western District of Oklahoma, having been nominated by President George W. Bush and confirmed by unanimous consent of the U.S. Senate.
Professor of Law, Belmont University College of Law
Don Cochran teaches Evidence, Trial Advocacy and Criminal Law courses. Prior to joining Belmont’s faculty, he served as the Presidentially appointed, Senate confirmed United States Attorney for the Middle District of Tennessee from September 2017 to February 2021. Prior to becoming U.S. Attorney, he was a law professor at Belmont University College of Law and the Cumberland School of Law in Birmingham, Alabama where he taught courses in criminal procedure, evidence, criminal law, and trial advocacy. From 1998 to 2002 Professor Cochran was an Assistant United States Attorney in the Northern District of Alabama. During that time, Professor Cochran prosecuted criminal cases involving white collar crimes, public corruption, and violent crimes, including successful prosecution of the final defendant charged with the historic 1963 bombing of the Sixteenth Street Baptist Church in Birmingham, Alabama that killed four girls. Professor Cochran began his prosecutorial career in the District Attorney’s Office in Birmingham where he prosecuted homicides, sexual assaults, and other violent crimes. Professor Cochran clerked for Judge Julie E. Carnes of the United States District Court for the Northern District of Georgia and is a graduate of Vanderbilt University and Vanderbilt Law School.
Professor Cochran teaches Evidence Law, Trial Advocacy, and Criminal Law at Belmont Law.
Partner, Phelps Dunbar LLP
Mike Hurst is a partner with Phelps Dunbar LLP where he optimizes his in-depth knowledge of the court system, investigative and prosecutorial agencies, the regulatory arena, and the public policy realm to help clients facing government investigations, enforcement actions, regulatory matters, general litigation and policy issues. Mike currently serves as the General Counsel of the Republican National Committee and as Chairman of the Mississippi Republican Party. He previously served as the U.S. Attorney for the Southern District of Mississippi from 2017-2021, and with over 20 years of experience before judges, juries and policy makers, handling some of the largest and most high-profile cases in Mississippi, he's known for untangling the most complex legal issues.
As U.S. Attorney, Mike was described as a “hard charger,” leading efforts to combat violent crime, human trafficking and public corruption, among many other issues, throughout Mississippi. He almost tripled prosecutions in the U.S. Attorney’s Office over a three-year period, resulting in the most indictments and federal defendants indicted in a one-year period in Mississippi history. He created innovative and national award-winning crime-fighting solutions, like “Project EJECT,” and he established the first statewide, multilevel and multidisciplinary human trafficking body, the Mississippi Human Trafficking Council, to comprehensively and holistically address this criminal scourge.
During his tenure as U.S. Attorney, Mike oversaw some of the biggest cases in Mississippi history: the largest health care fraud scheme (Wade Walters, et. al.), the largest Ponzi scheme (Lamar Adams), the largest False Claims Act health care fraud settlement (Region 8), and the largest nursing home False Claim Act settlement (Hyperion). In addition, as Chief Federal Law Enforcement Officer for the Southern District, Mike coordinated the largest single-state immigration worksite enforcement operation in our nation’s history, involving hundreds of federal law enforcement agents covering seven different locations operated by multiple companies.
Mike’s no show pony – he’s a work horse. Before his tenure as U.S. Attorney, Mike was an Assistant U.S. Attorney for the Southern District of Mississippi for more than eight years. He handled some of the most difficult and complex cases in that office, dealing with white collar crimes, public corruption and financial fraud, including numerous jury trials before almost every federal judge in the Southern District.
He also has experience in the private sector. He has practiced law in Washington, D.C., and has served as a litigator and general counsel for a conservative nonprofit. He also has extensive experience in public policy, having served as the Legislative Director to a U.S. Congressman and as Counsel to the House Judiciary Committee.
Mike has also testified before both the United States Senate and the U.S. House of Representatives on issues ranging from crime to Presidential pardons. He has worked on all sides of the legal, regulatory, investigative, prosecutorial and policy spectrum. The incredible insight gained from this varied experience enables him to find a path forward for clients, no matter how complicated the case.
United States District Court Judge, Western District of Louisiana
Partner, King & Spalding
John Richter is a trial and investigations partner in the Special Matters and Investigations Practice Group, and represents and defends companies, Boards of Directors, Board committees, and individuals facing a variety of white-collar criminal and regulatory enforcement matters, parallel civil litigation, and internal corporate investigations. John previously served as the Acting Assistant Attorney General in charge of the Criminal Division at the U.S. Department of Justice and as the U.S. Attorney for the Western District of Oklahoma, having been nominated by President George W. Bush and confirmed by unanimous consent of the U.S. Senate.
Legal Fellow and Manager, Supreme Court and Appellate Advocacy Program, The Heritage Foundation
Zack is a Legal Fellow and Manager of the Supreme Court and Appellate Advocacy Program in the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation.
He previously served for several years as an Assistant United States Attorney in the Northern District of Florida. Prior to that, he spent two years as an associate in the Washington, D.C. office of Cleary Gottlieb Steen & Hamilton, which he joined after clerking for the Hon. Emmett R. Cox on the United States Court of Appeals for the Eleventh Circuit.
Smith received his undergraduate, master’s, and law degrees from the University of Florida. During law school, Smith served as the Editor in Chief of the Florida Law Review and served on the executive boards of several student organizations, including the UF Chapter of the Federalist Society.
Founder, Chairman, and CEO, Louis D. Brandeis Center for Human Rights Under Law
Hon. Kenneth L. Marcus is an internationally recognized expert in civil and human rights, as well as a leader in the fight against anti-Semitism on and off university campuses. He is the Founder, Chairman, and CEO of The Louis D. Brandeis Center for Human Rights Under Law, the leading civil rights legal organization fighting against anti-Semitism. The New York Times has called him “The Man Who Helped Redefine Campus Anti-Semitism.” He been described, in that paper, as “the single most effective and respected force” to combat anti-Semitism.
During his public service career, Marcus served as Assistant U.S. Secretary of Education for Civil Rights; Staff Director at the U.S. Commission on Civil Rights; and General Deputy Assistant U.S. Secretary of Housing and Urban Development for Fair Housing and Equal Opportunity.
In academia, he serves as Professorial Lecturer in Law at George Washington University. He formerly held the Lillie and Nathan Ackerman Chair in Equality and Justice in America at the City University of New York’s Bernard M. Baruch College, served as Visiting Research Professor of Political Science at Yeshiva University, and was a Board of Visitors member George Mason University and Distinguished Senior Fellow at that university’s law school. He is a member of the editorial board of the Journal of Contemporary Antisemitism and previously served as Associate Editor of the Journal for the Study of Anti-Semitism.
Marcus is also author of The Definition of Anti-Semitism (Oxford University Press) and Jewish Identity and Civil Rights in America (Cambridge University Press). He has published widely in academic journals as well as in more popular venues such as The Wall Street Journal, Washington Post, Newsweek, USA Today, and Politico. He is a graduate of Williams College and the University of California at Berkeley School of Law.
Earlier in his career, he was a litigation partner in two major law firms, where he conducted complex commercial and constitutional litigation. He also serves as Chairman emeritus of the Executive Committee of the Federalist Society for Law & Public Policy Civil Rights Practice Group.
Partner, Cooper & Kirk, PLLC
Pete Patterson is a partner at Cooper & Kirk. His practice includes appellate litigation, constitutional litigation, commercial litigation, and administrative law. In addition, Mr. Patterson for a number of years taught an appellate litigation clinic at the University of Cincinnati College of Law. Mr. Patterson has argued in the U.S. Supreme Court and in nearly every regional federal circuit court of appeals.
Mr. Patterson has extensive experience in complex matters involving important questions of constitutional, statutory, and administrative law. He frequently has represented plaintiffs in cases alleging constitutional or statutory violations by federal, state, and local government officials. He also has represented plaintiffs in class action litigation against corporations and the federal government.
Mr. Patterson joined the firm in 2009. Prior to arriving at Cooper & Kirk, he served as a law clerk to Judge Jeffrey S. Sutton of the United States Court of Appeals for the Sixth Circuit. Mr. Patterson typically works from Cincinnati, Ohio.
Mr. Patterson received his J.D. from Stanford Law School in 2006, earning Order of the Coif honors for finishing in the top 10% of his class. There, he was a member of the Stanford Law Review, serving as an Articles Editor. He also participated in litigation before the United States Supreme Court through the Stanford Supreme Court Litigation Clinic.
Mr. Patterson graduated with University Honors from Carnegie Mellon University in 2000 with a B.S. in Information and Decision Systems. While at Carnegie Mellon, he wrote a regular column for the student newspaper and was a member of the football team.
Panel 1: Threats to Judicial Independence and How the Legal Community Should Respond
2024 Third Circuit Chapters Conference
Philadelphia, PA2024 Third Circuit Chapters Conference
Philadelphia, PAToward a More Confident State Constitutionalism
Steve J. Markman
This article is adapted from a speech Justice Markman delivered to the Florida Annual Education...
Cooperation Credit, Privileges, and Possible Landmines for Attorneys and Clients: Implications of US v. Coburn
Don Cochran, Mike Hurst, David C. Joseph, John C. Richter
In February 2022, a District of New Jersey court in United States v. Coburn compelled...
Cooperation Credit, Privileges, and Possible Landmines for Attorneys and Clients: Implications of US v. Coburn
Don Cochran, Mike Hurst, David C. Joseph, John C. Richter
In February 2022, a District of New Jersey court in United States v. Coburn compelled...
Cooperation Credit, Privileges, and Possible Landmines for Attorneys and Clients: Implications of US v. Coburn
Topics
Cabinet Officials Descend on Congress
The 118th Congress has spent the last few days voting on a spending bill to fund...
New Jersey Supreme Court Rules Police Need Wiretap Order to Access Nearly Real-Time Facebook Activity
Zack Smith
New Jersey police officers sought to “compel Facebook to provide the contents of two users’...
The Landmark Case Of Shaare Tefila v. Cobb
Kenneth L. Marcus
A review of Annalise E. Glauz-Todrank, Judging Jewish Identity in the United States (Lexington Books 2023)...
Litigation Update: Koons v. Platkin
Peter A. Patterson
Koons v. Platkin is a challenge to certain provisions of New Jersey Bill A4769/S3214 –...